VOLUME IV
JUDGES

TITLE III
Judges’ liabilities

CHAPTER III
DISCIPLINARY LIABILITY

Article 416.

2. Extremely serious offences shall be brought to justice within a period of two years ; serious offences, within one year; minor offences within the term stipulated in the Criminal Code for prescription of offences.

The term for action shall commence from the date in which the offence was committed. However, in the case indicated in Article 417.5, the term shall be initiated from the moment the judgment declaring the Judge‟s civil liability becomes final.

3. The prescriptive term shall be interrupted from the date of notification of the decision to initiate disciplinary proceedings or, if appropriate, informative enquiries relating to the conduct investigated by the Judge.

The prescriptive limit shall recommence if the enquiries or the proceedings are stopped for a period of six months due to reasons which are not attributable to the Judge subject to the disciplinary procedure.

Article 417.

The following are deemed to be extremely serious offences:

1. Conscious failure to comply with the duty of loyalty to the Constitution as established in Article 5.1 of this Law, when this is evident in a final judgment.
2. Political parties‟ or unions‟ membership or carrying out work or holding office in their service.
3. Reiterated provocation of serious conflicts with the authorities within the area defining the Judge's duties, on grounds other than the performance of his/her jurisdictional duties.
4. The interference, through orders or pressure of any other type, in another Judge's exercise of their jurisdictional powers.
5. Actions or omissions which have given rise in a final judgment to a statement of civil liability contracted in the performance of their duties due to unlawful conduct or serious negligence pursuant to Article 411 of this Law.
6. The performance of any of the activities incompatible with the post of Judge, established in Article 389 of this Law, except those which constitute a serious offence in accordance with the terms of Article 418.14 of this same Law.
7. Instigating own appointment for Courts and Tribunals when the appointee is in one of the situations of incompatibility or prohibition established in Articles 391 to 393 of this Law, or to maintain the performance of duties in the post in those bodies without informing the General Council of the Judiciary of the circumstances required to proceed to compulsory transfer stipulated in Article 394.
8. The failure to observe the need for abstention while knowingly aware that one of the legally established grounds for abstention is present.
9. Disregard or unjustified and reiterated delay in initiating, processing or ruling in procedures and cases or in the performance of any judicial duties.
10. Abandonment of service or unjustified and continued absence for a period of seven calendar days or more, from the court or judicial body to which the Judge is assigned.
11. Failure to state the truth in applications for leave, authorisations, declarations of compatibility, expenses and financial assistance.
12. Disclosure by the Judge of facts or data made known in the course of his/her duties, when this would damage any proceedings or any person.
13. Abuse of the post of Judge to obtain favourable and unjustified treatment from authorities, civil servants or Professionals.
14. Inexcusable ignorance in fulfilling their judicial duties.
15. A total and manifest lack of grounds for judicial decisions requiring these, provided that the defect has been noted in the final judgment. If the judgment delivered without grounds cannot be appealed, a requirement for proceeding shall be the complaint lodged by whoever was part of the procedure.
16. Perpetration of a serious offence when a Judge who has been previously sanctioned for another two serious offences, which have become final, without the corresponding orders having been cancelled or the cancellation being appropriate, pursuant to the terms of Article 427 of this Law.

Article 418.

The following are deemed to be serious offences:

1. A lack of respect for senior members of the hierarchy in their presence, in writing addressed to said senior members or in an announcement.
2. Enquiring, by means of any type of recommendation into the performance of the jurisdictional activity of another Judge.
3. Addressing congratulations or censure to official powers, authorities, or public servants or corporations for their actions mentioning their rank as Judge or making use of this rank.
4. Correcting the application or interpretation of the legal system made by less senior members of the jurisdictional order, except when exercising jurisdiction.
5. Excess or abuse of authority, serious lack of consideration for citizens, institutions, Clerks of the Court, forensic physicians or any other personnel in the service of the Administration of Justice, members of the Public Prosecution service, Lawyers and Procuradores, Social Workers and members of the Police in the service of the Court.
6. The use in judicial decisions of unnecessary or inappropriate or extravagant or manifestly offensive or disrespectful expressions from the point of view of legal reasoning. In this case, the General Council of the Judiciary shall only proceed in the light of attestation submitted or communication from the High Court in respect of which the judgment was issued, and which is hearing the appeal.
7. Failure to require disciplinary liability from the Clerks of the Court and subordinate ancillary staff when they become aware or should be aware of serious non compliance of said personnel in the performance of their duties
8. Disclosure by the judge and outside the established sources of judicial information facts or data discovered or learnt in the performance of their duties or when this does not constitute an extremely serious offence pursuant to section 12 of Article 417 of this Law.
9. Abandonment of service or unjustified and continued absence for more than three calendar days, and less than seven from the Court to which the Judge is assigned.
10. Unjustified and reiterated non-compliance of the schedule for public hearing and unjustified failure to attend procedural acts in previously announced public hearings, when this does not constitute an extremely serious offence.
11. Unjustified delay in initiating or committing proceedings or cases to be heard by the Judge in the performance of his/her duties when this does not constitute an extremely serious offence.
12. Reiterated non compliance or disregard for requirements which, in the exercise of their legitimate competence, are imposed by the General Council of the Judiciary, the President of the Supreme Court, of the National Court and the High Courts of Justice or Governing Chambers, or the obstruction of the inspection duties of these bodies.
13. Failure to comply with the requirement to compile a list and review of cases pending in the event of the case established in Article 317 section 3 of this Law.
14. Any activity of those deemed to be compatible as referred to in Article 389.5.º of this Law, without obtaining the pertinent authorisation, when required, or having obtained it by omitting the truth in the alleged proposals.
15. Unjustified abstention when declared by the Governing Chamber in conformance with the terms of Article 221.3 of this Law.
16. Adopting decisions in clear abuse of procedures, generating fictitious increments in work volume in respect of the calculation systems set by the General Council of the Judiciary.
17. Obstructing inspection work.
18. The perpetration of a minor fault or offence having been previously sanctioned in a final decision for two other minor faults when these have not been cancelled, or started proceedings to cancellation of the corresponding annotations, pursuant to the terms of Article 427.

Article 419.

The following are deemed to be minor faults or offences:

1. Lack of respect for senior ranks when such circumstances do not constitute a serious offence.
2. Disregard or lack of consideration for officials of equal or lower rank in the hierarchy, citizens, members of the Public Prosecution service, Forensic Physicians, Lawyers and Procuradores, Social Workers, Clerks of the Court or any other personnel working in the service of the Court Office, or for members of the Police in the service of the Court.
3. Unjustified or non-motivated non-compliance with the legally established terms for delivering judgements in any category of case heard by the Judge.
4. Unjustified and continued absence of more than one calendar day and less than four days from the Court to which the Judge is assigned.
5. Disregard for the requirements which, in the exercise of their legitimate competence are imposed by the General Council of the Judiciary, the President of the Supreme Court, of the National Court and the High Courts of Justice or Governing Chambers.

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.